Macau Maternity Leave 2026: 90-Day Rules for Employers

Macau has extended statutory maternity leave from 70 to 90 days under Law No. 9/2026, which took effect on July 28, 2026.

The amendment to Macau’s Labour Relations Law introduces a more flexible arrangement for taking maternity leave and updates protections for certain pregnancy-related circumstances. It also applies to eligible non-resident and part-time workers.

For employers operating in the Macao Special Administrative Region (Macau SAR), the change is an important reason to review HR policies, leave administration, payroll practices, and workforce planning.

1. What Has Changed Under Macau’s New Maternity Leave Rules?

Under Law No. 9/2026, the statutory maternity leave entitlement under Article 54 of the Labour Relations Law has increased from 70 to 90 days.

The new entitlement applies to female employees who give birth on or after July 28, 2026.

The amendment also updates provisions covering stillbirth, involuntary miscarriage after more than three months of pregnancy, and the death of a baby born alive during maternity leave.

These changes strengthen maternity protection for employees while requiring employers to review how maternity leave is recorded and administered.

2. How Is the 90-Day Maternity Leave Structured?

The 90-day entitlement is divided into two parts:

Employees do not have to take all 30 days before childbirth consecutively. If they take fewer than 30 days before childbirth, however, the remaining days must be taken consecutively after childbirth.

An employee who intends to take part of her maternity leave before childbirth must notify her employer at least five days in advance. This is a notification requirement, not a requirement for the employer to approve or deny the statutory entitlement.

For employers, understanding this arrangement is important when planning work handovers, temporary coverage, and staffing schedules.

3. Does the New Entitlement Apply to Non-Resident Workers?

Yes. Macau’s Labour Affairs Bureau (DSAL) has clarified that the amended maternity leave provisions also apply to non-resident workers and part-time workers, provided that an employment relationship exists within the scope of the Labour Relations Law.

This is particularly relevant for companies employing workers from outside Macau.

4. Is the 90-Day Maternity Leave Fully Paid?

The right to take 90 days of maternity leave and the right to receive basic remuneration during that period should be considered separately.

Under Article 55 of Macau’s Labour Relations Law:

• A female employee whose employment relationship has lasted more than one year on the date of childbirth is entitled to receive the basic remuneration corresponding to the maternity leave period.
• If the employment relationship reaches one year during maternity leave, the employee is entitled to the basic remuneration corresponding to the remaining leave period after completing one year of service.

This means that the 90-day leave entitlement does not automatically establish a right to statutory maternity remuneration for every employee, regardless of length of service.

Employers should review each employee’s length of service, applicable contract terms, and any more favourable employment arrangements when calculating maternity leave remuneration.

5. What Happens in Cases of Miscarriage or Other Circumstances?

Law No. 9/2026 also updates maternity-related leave provisions in certain circumstances.

Stillbirth

A female employee is entitled to 90 days of maternity leave in the event of a stillbirth.

Involuntary miscarriage

In cases of involuntary miscarriage after more than three months of pregnancy, an employee may be entitled to between 21 and 90 days of maternity leave, depending on her health condition and the advice of a doctor, supported by appropriate medical evidence.

Death of a baby born alive

If a baby is born alive but dies while the employee is on maternity leave, the leave is extended until the tenth day after the baby’s death. The employee must still receive at least 90 days of total maternity leave.

These provisions are important for HR teams to understand when handling leave requests and supporting employees through sensitive circumstances.

6. What Should Employers Prepare?

The extension of maternity leave affects more than the number of days recorded in an HR system. Employers should consider reviewing the following areas:

Review employee handbooks and leave policies

Update internal policies and employee handbooks to reflect the 90-day entitlement, the 60-day post-childbirth requirement, and the arrangements for using the remaining 30 days.

Update HR and payroll administration

Ensure that leave records, payroll calculations, and employee documentation reflect the amended requirements. In particular, distinguish between maternity leave entitlement and eligibility for maternity leave remuneration.

Plan workforce coverage

A longer leave period may require adjustments to staffing schedules, temporary coverage, and work handovers. Managers should also understand the employee’s right to arrange part of the leave before childbirth.

Apply the rules consistently

Make sure HR teams understand that eligible non-resident and part-time workers are also covered by the amended maternity leave provisions.

Check whether the company qualifies for maternity leave remuneration subsidies

Macau has introduced a subsidy scheme for eligible employers, including qualifying SMEs, that have paid maternity leave remuneration to local female employees. The regular scheme provides a subsidy of up to 20 days of basic remuneration, subject to the applicable requirements. Transitional arrangements allow eligible employers to claim up to 34 days for qualifying cases arising between July 28 and December 31, 2026.

7. Key Takeaways for Employers

Macau’s extension of statutory maternity leave from 70 to 90 days is an important employment law update for companies operating in the region.

Employers should review their maternity leave policies, employee eligibility records, payroll practices, and workforce planning arrangements.

Most importantly, companies should distinguish between the statutory right to take maternity leave and the conditions for receiving maternity leave remuneration. Understanding both requirements will help HR teams administer leave accurately and respect employees’ statutory rights.

Official Legal References
Law No. 9/2026 – Amendment to Law No. 7/2008, Labour Relations Law
Effective date: July 28, 2026
Relevant provisions: Articles 54 and 56, as amended; Article 55 on maternity leave remuneration.

Official guidance:
Macau Labour Affairs Bureau (DSAL)
Law No. 9/2026 – Official Gazette
DSAL – Frequently Asked Questions (PDF)
Maternity Leave Remuneration Subsidy

This article is provided for general informational purposes only and does not constitute legal advice.

Published: November 2026